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Publicly financed competition in health care: legislative issues.

The concept of publicly financed competition serves as a possible strategy for controlling expenditures and improving the efficiency of the health care system in Ontario. Potential cost savings, although rough estimates, for a 10-year period range from $1.0 billion to $1.6 billion, depending upon the model structure. This paper investigates the assumptions and structure of a publicly financed competition proposal and addresses legislative issues concerning the feasibility and desirability of such a system.

Canada↗

[Contraception and voluntary termination of pregnancy: legislative measures derogatory to parental consent in France].

Several derogatory clauses to parents' consent have been recently introduced in the French legislation concerning adolescents contraception and voluntary termination of pregnancy. Thus, from now on, adolescents may have free and anonymous access to contraception as well as detection and treatment of sexually transmitted diseases. Adolescents may also obtain emergency contraception without medical prescription. Parents' consent is no more necessary to authorize voluntary termination of pregnancy for an adolescent who wish to keep it secret.

Abortion, Induced↗

Legislative and environmental issues on the use of ash from coal and municipal sewage sludge co-firing as construction material.

For the economy of any co-firing process, it is important that the common waste management options of ash remain practical. Ash from bituminous coal combustion is typically handed to the construction industry. This paper describes the current European legislation on use of ash for construction purposes. Also, it presents an experimental study on the suitability of fly ash from combustion of mixtures of bituminous coal and municipal sewage sludge as additive to cement and concrete, and for use in open-air construction works, based on the ash chemical composition and the characteristics of the extract of the ash. Presently, two European standards forbid the use of ash from co-firing as additive to cement or concrete. This study shows that ash derived from coal and sewage sludge co-firing contains generally less unburned carbon, alkali, magnesium oxide, chlorine, and sulfate than coal ash. Only the concentration of free lime in mixed ash is higher than in coal, even though, at least up to 25% of the thermal input, still below the requirements of the standards. This ash also meets the requirements for the use of fly ash in open-air construction works--concentration and mobility of few elements--although this management option is forbidden to ash from co-firing. The leaching of Cd, Cr, Cu, Ni, Pb and Zn was investigated with three leaching tests. The concentration of these metals in the extracts was below the detection limit in most cases. The concentration of Cu and Zn in the extract from fly ash was found to increase with increasing share of sewage sludge in the fuel mixture. However, the concentration of these two metals in the extract is not regulated. This study indicates that excluding a priori the use of ash from co-firing as a suitable additive for construction material could cause an unnecessary burden on the environment, since probably ash would have to be disposed of in landfill. However, allowing this requires the modification of current European standards to include limitations on all elements and compounds, absent in coal but which might be present in other fuels, that are deleterious for the quality of construction materials.

Air Pollution↗

Cycle helmets: promotion or legislation?

Health promotion has been put forward by the Government as the way to achieve a healthy lifestyle. However, this has had mixed success in relation to the reduction of injuries and fatalities amongst pedal cyclists. Many cyclists still do not wear protective headgear, for whatever reason, particularly in the under 15 age group, who are most at risk. Various strategies have been tried to encourage the wearing of head protection, yet this is not 'normal' practice. Should the Government step up the campaign and hope it works or should it legislate in favour of proactive head gear for pedal cyclists as it has for motor cyclists?

Accidents, Traffic↗

The prescriptive emergency nurse practitioner: an analysis to substantiate ENPs' inclusion within current legislative proposals.

The argument for the inclusion of Emergency Nurse Practitioners (ENPs) within current prescribing legislation is proposed in this paper. The formal recognition of community nurses as highly-skilled practitioners as the basis for prescribing medicines is challenged. A comparison is made to ENPs in supporting the necessity for formal bodies to also recognize their highly specialized and unique skills. By reflecting upon the ENP role as providers of 'complete' care for patients, this facilitates the view that medicinal support and subsequent medicinal advice is integral to the quality ENP service deliverance. This is ratified by evidence provided from US and Australian nurse prescribers to demonstrate this point. This paper highlights how excluding ENPs from formal recognition restricts the development of the ENP role, making the specific role of 'complete' care provision 'incomplete'.

Drug Prescriptions↗

The significance for critical care nurses of the "dying with dignity" legislation.

This paper examines the potential contribution of the critical care nurse to ethical decisions made with respect to the dying with dignity legislation. The literature to date on ethics in nursing has largely focused on increasing nurses awareness thereby encouraging their contribution to the ethical decision-making process. By accentuating the 'art of nursing' where forms of knowing encompass an understanding of the patient's experience, this article describes the unique contribution that the nurse can make to the specific area of 'dying with dignity' in the acute care setting. On a theoretical level this knowledge is invaluable as it ensures a range of constituents are accommodated in this decision-making process, however, in practice this ideal is not readily attainable. Firstly, tradition seeks to curtail the value of this form of nursing knowledge in the decision-making process and secondly, nurses need to recognise their own prejudices in order to make an appropriate contribution to this legitimate body of knowledge.

Australia↗

The refusal of treatment in anorexia nervosa, an ethical conflict with three characters: "the girl, the family and the medical profession". Discussion in a French legislative context.

Anorexic patients are prone to refuse treatment despite life-threatening complications. The therapist's ethical code can be torn between duty to protect life, and law that demands respect of the patient's autonomy. The age of these girls introduces a third participant in this ethical conflict with three characters: "the girl, her family and the physician". Even if her decision to refuse treatment can appear unreasonable, the patient suffering from anorexia nervosa remains "competent" to receive information concerning her state of health and to make up her own mind about what to do next. French law only recognises for the therapist a real duty to make efforts to convince the patient of the absolute necessity of treatment. However it appears important to confront these legal obligations with different situations created by the disease in order to help pave the way to finding medical solutions capable of conciliating the objective of the best treatment, the own ethical code of the physician and the respect of current legislation.

Anorexia Nervosa↗

Belgian legislation and the effect of elective single embryo transfer on IVF outcome.

In order to reduce the number of multiple pregnancies following IVF, the Belgian government agreed to reimburse laboratory expenses for six IVF cycles up to the age of 42 years, in exchange for restriction of the number of embryos replaced. Data on assisted reproduction outcome before and after the introduction of this new legislation were analysed retrospectively in terms of implantation, pregnancy and multiple pregnancy rates. After the introduction of the new law, the percentage of single embryo transfer increased from 14 to 49%. Implantation rates were 25.9 and 23% respectively. There was no difference in the overall pregnancy rate before and after the introduction (36 versus 37%). Twin pregnancies, however, decreased from 19 to 3%. These findings indicate that elective single embryo transfer significantly decreases the twin pregnancy rate without a reduction in the overall pregnancy rate.

Belgium↗

Surplus embryos in Switzerland in 2003: legislation and availability of human embryos for research.

Legislation influences the availability of embryos for research. The law in Switzerland, and in some other European countries, is restrictive concerning medically assisted reproduction and stem cell research. Swiss law prohibits the creation of embryos for research purposes. It permits the derivation of human embryonic stem cells for research from surplus embryos but prohibits research with intact surplus embryos and embryo donation to other couples. Swiss law defines all embryos generated during a reproductive cycle and not used for reproduction as surplus embryos. The aim of this study was to evaluate the surplus embryos generated in Switzerland in 2003. A detailed questionnaire was sent to all registered IVF units in Switzerland (n = 22). 11727 embryos were generated during 2003. Of these, 93.5% were transferred into the uterus and 0.4% were cryopreserved. The remaining 6.1% (n = 711) became surplus. Of these, 2.7% were transferred intravaginally and the rest discarded due to poor quality (1.6%), development arrest (1.5%), renunciation by the couple (0.2%) or for other reasons (0.1%). The number of surplus embryos in Switzerland in 2003 was evaluated. Most surplus embryos became so during a therapeutic cycle. The restrictive legal regulation decreases the availability of human embryos for research.

Cryopreservation↗

The legislative tenets of client's right to treatment in the least restrictive environment and freedom from harm: implications for community providers.

For over four decades, national legislation has supported efforts to move persons with severe and persistent mental illness out of restrictive hospital settings and into community based services. Within institutional walls, numerous duties of state have been established to help ensure humane and effective treatment. However, the legal protections afforded hospitalized residents have not appeared to follow these individuals into the community. This article analyzes relevant case law and attempts to establish similarities between the state hospital's duty to protect its residents and the responsibility of community mental health centers to do the same for the persons they serve. The authors argue that the client's right to freedom-from-harm must receive increased attention and community based service providers will have to enhance their capacity to deliver more effective risk management services if mental health reform is to become a successful social policy.

Community Mental Health Services↗

Commerce in transplantation: how does it affect European legislation?

Commerce in transplantation is well known, if not well defined. Although the word commerce suggests an exchange of money, in reality it often simply signifies a non-profit-making transaction. Nevertheless, money, and therefore profit, may be involved in some human organ transactions, and the buying and selling of organs for transplantation remains common in too many countries. Clearly, if such transactions were allowed to continue only those who could afford to pay would benefit. They would probably also lead to an increase in the number of media horror stories. A number of such stories have appeared in the past. Although they are rarely based on hard evidence, they do influence politicians and, as a consequence, affect legislation and the availability of organs for transplant. They may also diminish the willingness of the general public to become organ donors and contribute to the persistent poor supply of organ donors. Organ exchange organizations, such as Eurotransplant, have made many efforts to prevent unethical transactions. Nevertheless, stories of such transactions continue to appear and are unlikely to abate while there is a high demand and poor supply of organs for transplantation. An international donor surveillance committee--a clearing house for information on malpractice--could be one solution to the problem as it would prevent doctors from taking part in unethical transplant procedures.

Commerce↗

Emergency commitment and legislative reform in New Jersey.

The effects of a state commitment law that combines use of the dangerousness criterion, screening for less restrictive alternatives, and a new mental health structure were investigated. A time-series analysis of the number of commitments in a 12-year period at one screening center revealed that the expected outcome of the legislation--a decrease in state-hospital commitments--was not realized.

Age Factors↗

Dental bodies corporate--a trip through the legislation.

A review of the legislation and regulation impacting upon Dental Bodies Corporate. This includes consideration of the Dentists Act 1984; the GDC Rules and Regulations made there under; and current ethical guidance issued by the GDC.

Dental Care↗

[Prevention of congenital malformations by means of folic acid - insurmountable problems due to the German penal code and German drug legislation when preparing a preconceptional model in Saxony-Anhalt].

For the last 20 years the prophylactic effect of the vitamin folic acid against the occurrence of neural tube defects has been known but in Germany this fact has not been realized by the public. The recommendations by medical institutions fail, among other reasons, because a folic acid prescription by gynaecologists comes too late in the course of events, i.e., women go to the gynaecologist when pregnancy has already set in and it is too late for preventive measures. An effective folic acid prophylaxis must take place before the onset of pregnancy. Data from the regional surveillance of congenital anomalies of the German Federal State of Saxony-Anhalt and interviews with women in maternity, as well as gynaecologists, indicate that there is a substantial knowledge deficit concerning folic acid prophylaxis. In 1998, therefore, a working group was set up in Saxony-Anhalt. It comprises representatives from interested institutions and has the goal of rectifying the knowledge deficit of women of childbearing age by way of a broad-based campaign while making use of the results of regional congenital anomalies monitoring. A pharmaceutical company was enlisted for cost-free distribution of its folic acid product. Legal problems with the prescription drug laws, the law against unfair competitive practices, the advertising of medicaments law and the SGB V (social code) made it impossible to procure multivitamins containing folic acid free of charge for women wanting a child. A highly differentiated legislation has hitherto prevented an elementary improvement in prevention.

Drug Approval↗

[Development of legislation for the care of the mentally ill as seen by the psychiatrist].

Ten years after the introduction of the new legislation concerning mentally ill or impaired persons ("Betreuungsrecht") it is now possible to review the problems. These cover inter alia the appointment of a curator to the legal proceedings, the practice of the reservation of consent, the question of legal incapacity and the cost problem. The medical expert must be aware of the development of these issues, especially as the medical and the juridical point of view often do not correspond with the well-being of the patient. This article conveys views from the psychiatric perspective to the questions outlined above and offers suggestions for possible improvements.

Adult↗

Impact of recycling and environmental legislation.

Social and political pressures are stimulating a rapid growth in environmental legislation and the framework of national and European directives is reviewed. The pressure for recycling and the incorporation of recycled material is at risk of conflict with safety for food contact packaging. Various recycling opportunities are reviewed, concluding that recycling must be directed only to where there is an environmental benefit; also that re-use must not jeopardize food safety. For direct food contact with foodstuffs, chemical recycling is the only confident way of ensuring product purity. Containment of recycled material behind a barrier layer leaves the question of barrier performance to undefined contaminants.

Conservation of Natural Resources↗

EU Directive, ICNIRP guidelines and Polish legislation on electromagnetic fields.

This review describes the general provisions of and the philosophy behind European Directive 2004/40/EC and ICNIRP (International Commission on Non-Ionizing Radiation Protection) guidelines. As an example of national legislation on the protection of workers against excessive electromagnetic field exposure, regulations established in Poland are summarized. The problems of a practical implementation of the Directive's provisions are discussed.

Electromagnetic Fields↗

Perspectives on legislation relating to the rights and protection of people with dementia in Europe.

This article focuses on the main legal provisions in Europe relating to the protection and rights of people with dementia. The information referred to was obtained in the framework of two EC funded projects, which involved the collection, translation and comparison of relevant legislation, and then the writing of legal recommendations to improve the legal rights and protection of people with dementia. The first project started in 1997 and was completed in 1999. The second project started in 1999 and was completed in November 2000. The article provides an overview of the main features of some of the laws in Europe on a few key issues, i.e. guardianship, coercive measures and bioethical issues. Some of the main differences between the systems in different countries are highlighted. An attempt is made to show how the adequacy and appropriateness of legal provisions differ vastly from one country to the next and also to identify the emergence of a few trends, which seem to reflect a movement towards a greater awareness of the nature of mental incapacity and hence a better provision for the rights and protection of people with dementia.

Bioethics↗