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PubMed1993

The development of new psychiatric legislation in Sweden.

The development of Swedish psychiatric legislation is summarized, from the law that came into force on 1 January 1967 to the new law promulgated on 1 January 1992. There are now separate laws for (a) patients who are seriously mentally disturbed and urgently in need of psychiatric hospital care; who oppose care or evidently lack capacity to express a well-grounded opinion as to their needs; and (b) patients sentenced by court to forensic psychiatric care, who have to be seriously mentally disturbed but need not oppose care. As earlier, it seems to be possible to take care of them in general psychiatric wards but special wards for forensic psychiatric care are anticipated. Sweden so far has few such facilities.

Commitment of Persons with Psychiatric Disorders↗
PubMed1995

New subordinate psychiatric legislation in Israel.

The 1991 Mental Health Act left considerable scope for the promulgation of regulations, which were indeed enacted a year later, in 1992. The 1992 regulations are analysed here. The innovations and improvements introduced, as well as the problems and difficulties created by the regulations are discussed. It is vital to review and revise psychiatric legislation constantly.

Commitment of Persons with Psychiatric Disorders↗
PubMed1996

Yes, minister, Canadians need strong tobacco-control legislation now!

At a meeting with federal health minister Diane Marleau on Nov. 16, 1995, the CMA and other health organizations were told that the minister plans to propose comprehensive measures to limit the manufacture, sale and marketing of tobacco products. On Dec. 11, 1995, the minister announced a "Blueprint on Tobacco Control," which outlined the scope of her plan to introduce tobacco legislation in the spring. On the basis of adamant support for tobacco control from all levels of the organization, the CMA urges the minister to move quickly. It also advocates regulating tobacco as a hazardous product in the meantime. Physicians can take a wide variety of actions to intervene with patients and add their voice to antitobacco lobbying efforts in 1996.

Canada↗
PubMedDate not supplied

Addiction and temporary certification. A proposed change to legislation and it's possible implication for clinical practice.

The Mental Treatment Act (1945) is currently undergoing review to enable Ireland to meet it's international obligations. The Green Paper on Mental Health (1992) makes a number of suggestions regarding this. One such is the deletion of Addiction as sufficient grounds for involuntary admission to a psychiatric hospital or unit. This study looked at the possible impact such a proposal might have on the doctor's clinical choice in the management of addiction. The casenotes and temporary certificates of 191 involuntary admissions to St. Brendan's Hospital were examined. 9 cases (4.7%) were admitted for the direct effect of addiction, i.e., intoxication or uncomplicated withdrawal. The conclusion of this study is that the deletion of the addiction criterion from future mental health legislation would, in itself, have little impact on the number of committals. This is because the majority of those with evidence of Substance Abuse have a concurrent disorder that would be covered by the remaining criteria.

Alcoholism↗
PubMed1995

Comparative analysis of European legislation on doping.

The authors analyse legislation and regulations concerning doping in force in Belgium, Italy, Great Britain, Greece, Switzerland, France, Spain, Finland, Norway, Portugal, Luxemburg, Sweden, Germany, Austria and Denmark and examine the causes and the definition of doping as well as problems surrounding education and information, the tracing of forbidden substances, the determination of their use, and the controls and the sanctions provided. Prominence is given to those provisions which, according to the authors, have to be adopted from each law or regulation in order to form a homogeneous European regulation.

Anabolic Agents↗
PubMed1996

The legislative and litigation history of special education.

Between the mid 1960s and 1975, state legislatures, the federal courts, and the U.S. Congress spelled out strong educational rights for children with disabilities. Forty-five state legislatures passed laws mandating, encouraging, and/or funding special education programs. Federal courts, interpreting the equal protection and due process guarantees of the Fourteenth Amendment to the U.S. Constitution, ruled that schools could not discriminate on the basis of disability and that parents had due process rights related to their children's schooling. Congress, in legislation now retitled the Individuals with Disabilities Education Act (IDEA), laid out detailed procedural protections regarding eligibility for special educational services, parental rights, individualized education programs (IEPs), the requirement that children be served in the least restrictive environment, and the need to provide related (noneducational) services. Decisions on instructional matters such as curricula and the elements of the IEP remain the province of local and state authorities. Advocates for students with disabilities have continually sought separate (categorical) funding for special education services. Current movements toward block grants rather than categorical programs and toward greater inclusion of special education students in general education classrooms raise concerns in some quarters about whether students with disabilities will continue to have full access to the special services they need. While the cost of special services may be an unexpressed criterion in many decisions made by school districts, nowhere does the IDEA explicitly allow cost to be considered. Where a service is necessary for an individual child, cost considerations would not allow a school district to escape its obligations to the child. However, in instances where more than one appropriate configuration of services is available to meet a child's needs, the school district may be allowed to consider the cost of different alternatives.

Adolescent↗
PubMed1996

The union movement: legislative and regulatory issues in California.

In the late 1980s, hospitals began to identify that patient care services needed to be restructured to deliver services in a more cost-effective and efficient way. As more and more hospitals adopted this philosophy, unions began to take an increasingly aggressive role advocating against the strategies that hospitals employed, which often put unlicensed assistive personnel in a role that more appropriately used the professional training of a registered nurse. The strategies taken by the unions took several forms: regulatory and legislative, which sought to preserve nurses' jobs through mandatory staffing ratios; a public relations campaign aimed at discrediting hospitals that have restructured and informing the public that the changes jeopardize patient welfare; and targeted organizing. This article addresses the impact the union strategies have had on hospitals and the changing health care market.

California↗
PubMed1997

[Compulsory psychiatric drug therapy in Switzerland--legislation and reality exemplified by a few clinical cases].

We discuss the existing or desired legal basis for forced medical treatment in psychiatry, in the light of supranational, international and Swiss law. Four situations in which forced medical treatment may occur are described and illustrated with case reports. A distinction is drawn between treatment against a destructive will, treatment against lack of will, treatment against an antisocial will, and long-term treatment against a chronic destructive will. Finally, proposals for improved Swiss legislation on forced psychopharmacological treatment are discussed.

Adult↗
PubMed1997

Attitudes of veterinarians, animal control directors, and county prosecutors in Michigan regarding enforcement of state animal cruelty legislation.

OBJECTIVES: To determine attitudes of veterinarians, animal control directors, and country prosecutors in Michigan toward enforcement of state animal cruelty legislation and to identify factors associated with whether veterinarians would report suspected cases of animal cruelty. DESIGN: Survey. SAMPLE POPULATION: Questionnaires were sent to 1,146 Michigan Veterinary Medical Association member veterinarians, 139 animal control directors, and 83 county prosecutors in Michigan. RESULTS: 740 (65%) veterinarians, 70 (50%) animal control directors, and 43 (52%) prosecutors responded. Six hundred forty six of 735 (88%) veterinarians reported having treated an animal that they believed had been a victim of animal cruelty, but only 192 of 719 (27%) had ever reported a case of animal cruelty, and only 217 of 734 (30%) had ever testified in an animal cruelty case. Logistic regression analysis of responses revealed that the only factor associated with whether veterinarians would report cases of suspected animal cruelty was the potential reactions of the involved clients to the accusation of animal cruelty. Veterinarians who rated reaction of the involved client as important, very important, or essential to their decision whether to report a case of animal cruelty were less likely to report such cases than were veterinarians who rated potential client reaction as somewhat important or unimportant. CLINICAL IMPLICATIONS: Concern about potential client reaction was the most important factor in whether veterinarians would report cases of suspected animal cruelty.

Administrative Personnel↗
PubMed1998

[Public health and environmental protection. Political, legislative and public aspects].

Environmental and preventive medicine are closely related to each other as well as to politics and public awareness. To illustrate this, the example air pollution and the evolution of knowledge thereon are outlined and compared to four other environmental hazards: cigarette smoking, lead, asbestos and electromagnetic fields. The role of the media, of scientists, industry, legislation, and the courts in relation to each of the five hazards are assessed in a table.

Air Pollution↗
PubMedDate not supplied

Update on patient privacy legislation.

The administrative simplification provisions of HIPAA will establish the first national standards for the electronic transmission of health care transactions with which all federal programs (DOD, Medicare, and Medicaid) and all private health plans must comply. Individuals and organizations should prepare themselves, their systems, and their processes to meet these new administrative and financial data standards and requirements. The benefits of standardized electronic transactions on achieving a single paper-free claims submission to be used by all providers and payers is of obvious benefit. Not so obvious are consequences associated with limiting the access and use of existing data repositories on a variety of clinical, administrative, and research functions. It is critically important in this age of increased accountability for fiscal restraint and improving the outcomes of entire patient populations that clinicians, managers, organizations, and researchers to use data for a variety of clinical, quality improvement/evaluation, and research purposes. Administrative simplification and protecting individual privacy should not be achieved by overly bureaucratic and restrictive responses that impede epidemiologic and health services research, quality improvement activities, and optimization strategies for improving the health of populations. While the health system understands the need for some increased regulation to ensure the privacy of individual patient privacy in the "wired" world solutions must be found and overly restrictive consequences associated with prohibiting access to data must be resolved. More than ever, the entire system requires data to inform every level and type of decision made. Legislation and bureaucratic processes that do not understand and support responsible data-driven decision-making will serve to roll-back, not advance health system improvement. As we prepare ourselves for HIPAA compliance and the expectations of the benefits it will achieve, we must wait to see what impact it will have on clinical, administrative, and research functions concerned with improvement.

Computer Security↗
PubMed1998

Clinical nurse specialist prescriptive authority and the legislative process.

Despite certification and graduate education, clinical nurse specialists are denied prescriptive authority in many states. Restrictions on their scope of practice and prescriptive authority are barriers to potential contributions to the health care delivery system. The article describes the experience of the New Mexico Council of Clinical Nurse Specialists in the process of obtaining prescriptive authority. It discusses council formation, lobbying activities, the legislative process, and ways to become politically involved. Clinical nurse specialists are encouraged to become politically active and work through their state nurses association to change restrictive policies.

Drug Prescriptions↗
PubMedDate not supplied

[The regulation of experiments on animals--ethics, legislation and alternatives].

Legislation and rules for animal experiments in many countries are proposed. Activities of international and national organizations, committees and administrative authorities are described. The importance of the three Rs principle and alternative methods for the humanization of bio-medical animal experiments are discussed.

Animal Testing Alternatives↗
PubMed1998

[Alteration of rendering and meat hygiene legislation in the course of the BSE/TSE crisis. Validity of decisive legal provisions (1)].

The decisive European legal provisions to fight bovine sponfiform encephalopathy in the context of the rendering and meat-hygiene legislation are the Commission Decisions 96/449/EC "on the approval of alternative heat treatment systems for processing animal waste with a view to the inactivation of spongiform encephalopathy agents" and 97/534/EC "on the prohibition of the use of material presenting risks as regards transmissible spongiform encephalopathies". Both decisions are based on Council Directives which do not provide the necessary authorization for these decisions by the Commission. Consequently, both have to be regarded as legally invalid. Furthermore, the legal acts to convert these decisions into German law (Rendering Plants Regulation and Meat-Hygiene Regulation) have to be considered invalid--partly due to formal and partly due to factual reasons. Because of the thus created legal uncertainty the legal provisions in question can only come fully into force after the elimination of this specifically described legal shortcomings or after clarification of the legal situation by the responsible courts.

Animals↗