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Results for “Laws And Statutes”

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At least 19 recordsLinked to original sources
PubMed2001

U.S. environmental law statutes in coastal zone protection.

U.S. federal legislation relevant to the coastal zone and adjacent ocean was reviewed and included the Coastal Zone Management Act, Clean Water Act, Marine Protection Research and Sanctuaries Act, and Oil Pollution Act. Problems affecting these waters involve complex activities/issues related to multimedia sources of pollution and coastal land use planning. Effective pollution control requires state-local-federal interaction with a better understanding of scientific as well as social and economic issues.

Environmental Monitoring↗
PubMed1997

The legal and ethical aspects of telemedicine. 1: Confidentiality and the patient's rights of access.

This paper reviews the principle of confidentiality and the rights of access by patients to their medical records. Confidentiality has been germane to the ethics of medical practice since the time of Hippocrates but the nature of the legal obligation of confidence does not have such a clear pedigree. The introduction of cross-border telemedical consultations presents a very real danger to maintaining the confidentiality of medical data. While both the common law and statute law can be used to prevent the unauthorized interception and disclosure of medical data and protect the patient's rights of access and ownership in the UK, it is the harmonization regime of the European Union that will bring comprehensive regulation and legal clarity to the protection of patients' rights within an increasingly international medical 'super-specialty'.

Computer Security↗
PubMed2002

Old age psychiatry and the law.

BACKGROUND: Old age psychiatry is no less subject to increasing legal and quasilegal restraint than other branches of the profession, but the emphases are different. Two themes predominate: first, that of capacity or competence; and second, to what extent formal legal measures should be implemented in cases where incapacitated patients do not dissent from, as opposed to giving active consent to, admission to hospital or receiving treatment. AIMS: To discuss the issues of capacity or competence, especially in relation to recent legislation and judgements and to proposed legislation in England and Wales. METHOD: Selective review and discussion of recent case law and current and proposed statute law. RESULTS AND CONCLUSIONS: The Bournewood case threatened but ultimately failed to upset the status quo. However, the European Convention on Human Rights and the British Human Rights Act 1998 may yet do so.

Aged↗
PubMed1996

The state's "sharp line between the sexes": women, alcohol and the law in the United States, 1850-1980.

Beginning in the 1850s, American case and statute law established alcohol policies that applied specifically to women, which aimed broadly to promote temperance among both sexes. These measures reflected the powerful hold of a middle-class Victorian ideology that stigmatized female drinking, associated women with temperance, and kept women legally dependent in general. American laws on women and alcohol fell into two broad categories. The first was access laws, which restricted women's ability to purchase alcohol, patronize liquor outlets and work in the alcohol trade. These measures aimed to protect women from becoming drunkards, and depleted their legal power. The second group was domestic laws, including marriage, divorce and civil liability statutes. They aimed to protect women from drunken family members, especially husbands, and actually bestowed legal authority on women. Although both sets of laws promoted temperance, they did so both by expanding and contracting women's legal influence. These measures survived until the 1970s, when a series of court decisions overturned them on the basis of sex discrimination. The evolution of these laws shows how middle-class attitudes about female drinking were codified into sex-specific alcohol policy for most of the nation's history.

Alcoholism↗
PubMed2004

Uncharitable and out of control?

This article explores the current state of the law governing partnerships and other collaborations between tax-exempt health care organizations and private health care providers. The author sets out the regulatory maze through which exempt entities and private parties must navigate in attempting to maintain Internal Revenue Code (IRC) Section 501(c)(3) status for the exempt entity in these relationships. The article discusses and comments on general principles through an examination of case law, statutes, regulations, revenue rulings, revenue procedures, and information letters, as well as state law issues, with an emphasis on maintaining charitable purposes, effecting control, and dealing with ownership and compensation issues.

Cooperative Behavior↗
PubMed2003

What is public health legal preparedness?

Legal preparedness has gained recognition as a critical component of comprehensive public health preparedness for public health emergencies triggered by infectious disease outbreaks, natural disasters, chemical and radiologic disasters, terrorism and other causes. Public health practitioners and their colleagues in other disciplines can prepare for and respond to such an event effectively only if law is used along with other tools. The same is true for more conventional health threats. At first glance, public health legal preparedness may appear to be only a matter of having the right laws on the books. On closer examination, however, it is as complex as the field of public health practice itself. Public health legal preparedness has at least four core elements: laws (statutes, ordinances, regulations, and implementing measures); the competencies of those who make, implement, and interpret the laws; information critical to those multidisciplinary practitioners; and coordination across sectors and jurisdictions. The process of improving public health legal preparedness has begun in earnest with respect to potentially massive public health emergencies. Elected officials, public health, legal, and law enforcement practitioners, and national security organizations have contributed to initial benchmarks for the core elements. A few gaps in legal preparedness have been identified in the context of exercises, actual public health emergencies, and through more general assessments of public health preparedness conducted by CDC and the Department of Justice. While a strong beginning has been made, this work is incomplete. Redoubled effort is needed to define practical, measurable benchmarks or standards of legal preparedness, to identify and correct shortcomings, and to review findings from regular exercises and actual public health emergencies. There is great value in having this work move forward on two converging tracks, one defined by states and localities acting on their own initiative and the other shaped by the federal government as informed by state and local experience. The TOPOFF and Dark Winter exercises exemplify the grounded, case-based approach that teaches practical lessons about benchmarks, gaps, and steps to improve public health's legal preparedness. It goes without saying that action on both tracks should be taken by collaboratives whose membership includes representatives of the many different communities integral to the design and application of laws that affect the health of the public and the effectiveness of the public health system itself. Consistent with the concept of a public health or population health system with which we began this paper, participants in both tracks should include representatives of non-governmental bodies--community-based organizations, non-profit organizations active in disaster preparedness and response, and others. This paper presents a conceptual and analytic framework those groups may apply, one that is sufficiently broad to serve as an integrating schema across sectors and jurisdictions but also sufficiently flexible to accommodate the unique features of the many community and state public health systems which, together with federal partners, comprise the U.S. public health system, in sum, a framework responsive to the exigencies of our times, faithful to the guiding principles of American federalism, and conductive to a new standard of health protection for all our citizens.

Benchmarking↗
PubMed1999

Mandatory reporting of diseases and conditions by health care professionals and laboratories.

CONTEXT: Surveillance is a key component of the core public health function of health assessment. Systematic reporting by health care professionals and laboratories, which may vary by state law, statute, or regulation, continues to provide essential data for assessing public health. OBJECTIVE: To describe the state and territorial reporting requirements for diseases and conditions recommended for national public health surveillance. DESIGN, SETTING, AND PARTICIPANTS: Between May and August 1997, the state and territorial epidemiologists from all 50 states, in addition to New York City, Puerto Rico, and Guam, completed questionnaires indicating which diseases and conditions were reportable by health care professionals and laboratories in their jurisdictions. The surveys were subsequently updated to reflect reporting requirements current as of January 1, 1999. The overall response rate for the survey was 100% for US states and 90% overall, including the territories. MAIN OUTCOME MEASURE: State and territorial reporting requirements for diseases and conditions of public health concern. RESULTS: Of the 58 diseases and conditions recommended for national reporting, 35 (60%) were reportable in greater than 90% of the states and territories, 15 (26%) were reportable in 75% to 90%, and 8 (14%) were reportable in less than 75%. Nineteen of the infectious diseases were reportable in all of the states and territories that responded. CONCLUSIONS: Required reporting varies substantially by state or territory. Health care professionals are integral to public health efforts at the local, state, and national levels.

Communicable Diseases↗
PubMedDate not supplied

Protecting elders: regulating intergenerationally transmitted debt in Australia.

Australia, like other western nations, is facing the prospect that in the decades ahead the overall population will age dramatically. This article considers legal issues associated with the aged and intergenerationally transmitted debt. It will be argued that the present legal regulation of guarantees is a complex amalgam of case law, statute and finance industry self-regulatory codes which does not necessarily or adequately take into account the particular vulnerabilities of the aged and the very old or the intergenerational pressures which they may confront. It may be necessary to take significant steps to protect vulnerable elders while still recognizing their rights to exercise personal autonomy. Some proposals for reform are made.

Aged↗